The Government is mounting a challenge to the impending High Court action by Judge Brian Curtin today.
The government claims that Judge Curtin's proceedings are intended to prevent the use of material relating to his conduct in a Dáil inquiry.
A computer and other items were unlawfully seized by gardaí during a raid on his home in 2002.
The Government says the court is not entitled to grant a number of declarations sought by the judge because the Oireachtas inquiry is already underway.
Mr Curtin's legal team last week lost an application to prevent the Government action proceeding.